Surrogate Declines to Seal Records

In Matter of Schwartz, (2008 NY Slip Op 28301) (Decided August 19, 2008) Sur. Ct. Kings Co.), a proceeding pursuant to SCPA 1401 to compel production of documents purporting to be wills turned over to the Surrogte's Court by the NYC Police Department, Surrogate López Torres declined to seal the probate file, nothing that public access to the courts is a hallmark of our dispute adjudication system and that a sealing application will only be granted where an overriding compelling interest is demonstrated. The Surrogate looked to Uniform Rule, 22 N.Y.C.R.R. 216.1 and held that the conclusory submissions from the Police Department that failure to seal "may serve to impede" homicide investigations" and the decedent's children's argument that the documents contain information that is potentially embarrassing to the decedents' memory were insufficient to establish good cause to justify sealing of the records.